Ask the Experts

[...]this option may shield the employer from state civil statutes that allow individuals to recover penalties through lawsuits against companies or individuals that aid or abet the procurement of abortions. [...]if travel benefit is offered through a group health plan (whether the benefit is added to an existing health benefit plan, as a standalone HRA, or an excepted benefit HRA), it would likely be disqualifying coverage for purposes of health savings accounts ("HSAs"). [...]employees enrolled in a high-deductible health plan with an HSA would not be able to get travel reimbursements until the statutory minimum deductible has been reached. [...]employers should also consider the possibility that some states may take the position that funding travel for abortion services may constitute "aiding and abetting" abortion in violation of certain state civil or criminal statutes. Since ERISA does not preempt state criminal laws, employers should factor this into their analysis of travel benefits, especially in states with strong anti-abortion positions. For Law Enforcement Purposes Disclosure of PHI may also be permitted without the patient's consent for law enforcement purposes "pursuant to process and as otherwise required by law." [...]a covered entity may respond to a court order, court-ordered warrant, subpoena, or summons.